Exhibit 10b
FIRST AMENDMENT TO LEASE
THIS FIRST AMENDMENT TO LEASE (the Agreement ) is made and entered
into this 31 day of December, 1995, by and between Perimeter 400
Partners (hereinafter referred to as Landlord ), and CIS
Technologies, Inc. (hereinafter referred to as Tenant ).
WITNESSETH:
WHEREAS, Landlord and Tenant have previously entered into a lease
agreement dated August 8, 1995 (the Lease ) for the use and
occupancy of certain premises by Tenant (the Demised Premises )
located in the Perimeter 400 Building in Atlanta, Georgia (the
Building ); and
WHEREAS, Landlord and Tenant do hereby intend to amend and modify the
Lease as hereinafter set forth.
NOW, THEREFORE, in consideration of the mutual covenants and
conditions contained herein, the receipt and sufficiency of which is
hereby acknowledged, the parties hereto agree as follows:
1. Expansion Space. Commencing on March 1, 1996 (the Expansion
Space Commencement Date ), approximately 3,311 rentable
square feet on the area shown on the attached site plan
identified as Exhibit A, and incorporated herein, (the
Expansion Space ) shall be added to the Demised Premises so
that as of the Expansion Space Commencement Date, the Demised
Premises shall consist of approximately 13,104 rentable square
feet.
2. Rental. The total Basic Rental for the Demised Premises,
including the Expansion Space, is hereby increased to
$1,449,472.50, payable in advance, in equal monthly
installments as follows:
December 1, 1995 - February 29, 1996 $14,689.50 per month
March 1, 1996 - November 30, 1996 $19,656.00 per month
December 1, 1996 - November 30, 1997 $19,929.00 per month
December 1, 1997 - November 30, 1998 $20,202.00 per month
December 1, 1998 - November 30, 1999 $20,475.00 per month
December 1, 1999 - November 30, 2000 $20,748.00 per month
December 1, 2000 - November 30, 2001 $21,021.00 per month
Notwithstanding the terms of the Lease to the contrary, as of
the date hereof, December 1, 1995 shall be deemed to be the
Commencement Date of the Lease, and November 30, 2001 shall
be deemed to be the Termination Date of the Lease.
As of the Expansion Space Commencement Date, Tenant s Prorata
Share of Operating Expenses and Taxes, as set forth in the
subject Lease, shall be increased to 3.6625%. In addition,
Tenant s security deposit shall be increased by $4,966.50 to a
total of $36,385.70 on or before the Expansion Space
Commencement Date. In no event shall any of this increase in
the security deposit due to the addition of the Expansion Space
be returned to Tenant under the provisions of Section 57 of the
Lease. Tenant's occupancy of the Expansion Space shall be
subject to all of the general terms and conditions contained in
the Lease.
3. Tenant Improvements. Landlord agrees to contribute up to
Thirty-One Thousand Seven Hundred Nineteen and 38/100 Dollars
($31,719.38) (such sum based upon an assumption that Tenant
shall occupy the Expansion Space on the Expansion Space
Commencement Date), calculated at Ten and No/100 Dollars
($10.00) per renewable square foot of the Expansion Space,
prorated based on the Commencement Date and the remaining Lease
Term (the Tenant Allowance ), towards the cost of preparation
of design, mechanical and electrical drawings, as well as other
construction drawings, and specifications for and the
construction of certain tenant improvements (the Tenant
Improvements ) for the Demised Premises in accordance with the
space plan (the Plans ) to be approved by both Landlord and
Tenant within days of the date of execution of
this Agreement. For illustration purposes only, if Tenant were
to expand effective on the first day of the fourth (4th) month
of the Lease Term, Landlord would contribute 69/72nds of the
maximum allowance of Ten and No/100 Dollars ($10.00) per square
foot Tenant Allowance as set forth herein. It is understood
and agreed that Landlord s contractors shall perform the work
in connection with the Tenant Improvements. If the cost to
construct the Tenant Improvements pursuant to the Plans exceeds
the Tenant Allowance, then within ten (10) days of Tenant s
receipt of an invoice from Landlord, Tenant shall pay Landlord,
as additional rent, by certified or cashier s check, an amount
equal to the difference between the cost to construct the
Tenant Improvements and the Tenant Allowance. Tenant agrees it
shall not make any changes to the Plans without obtaining the
prior written consent of Landlord. In the event Tenant shall
make changes to the Plans that are approved by Landlord and
which result in an additional cost to Landlord of completing
the Tenant Improvements in excess of the Tenant Allowance,
Tenant shall pay to Landlord prior to construction of such
changes, as additional rent, any increase in the cost of
completing the Tenant Improvements in excess of the Tenant
Allowance resulting from such changes in the Plans.
In the event Tenant, its employees or agents, causes any delays
or is otherwise responsible, in whole or in part, for any
additional costs in excess of the Tenant Allowance incurred by
Landlord in constructing the Tenant Improvements (other than
additional costs arising due to changes to the Plans as
described above), Tenant shall pay to Landlord with ten (10)
business days of receipt of written notice from Landlord, as
additional rent, any such additional costs in excess of the
Tenant Allowance incurred by Landlord. Tenant s failure to
timely pay any such amounts to be paid by Tenant as set forth
in this Paragraph, at the time and in the manner set forth in
this Paragraph, shall be an event of default. If for any
reason (i) the Expansion Space shall not be ready for occupancy
by Tenant on or before the Expansion Space Commencement Date,
or (ii) the Tenant Improvements are not completed on or before
the Expansion Space Commencement Date, this Lease shall not be
affected thereby, nor shall Tenant have any claim against
Landlord by reason thereof. All claims for damages arising out
of any such delay are waived and released by Tenant.
4. Early Access. Tenant will be allowed early access to the
Expansion Space as of February 1, 1996, so that Tenant may
enter the Expansion Space for the purposes of installing
furniture, cabling and telecommunications equipment. During
such period of access for the installation purposes described
herein, Tenant shall not be responsible for payment of Basic
Rental or the Tenant s pro rata share of Operating Expenses and
Taxes for the Demised Premises, but shall otherwise be
responsible for and comply with all other provisions of
the Lease and this Agreement. Such activities of Tenant, its
agents, employees or contractors shall not interfere with
construction of Landlord or Landlord s contractors of the
Tenant Improvements.
5. Brokers. Tenant warrants that it has had no dealings with any
real estate broker or agent in connection with the negotiation
of this Agreement other than Insignia Commercial Group, Inc.
and Miller Richmond Company and that Tenant knows of no other
real estate broker or agent who is or might be entitled to a
commission in connection with this Agreement. Tenant agrees to
indemnify and hold Landlord harmless from and against all
Claims made by any broker or finder for a commission in
connection with this Agreement provided that Landlord has not
retained such broker.
6. Conflict of Terms. Except as expressly amended herein, all
terms and conditions in the Lease shall remain unchanged and in
full force and effect, and all capitalized terms not otherwise
defined herein shall have the meaning set forth in the Lease.
In the event of any conflict between the terms and conditions
of the Lease and the terms and conditions of the Agreement, the
terms and conditions of this Agreement shall control.
LANDLORD: TENANT:
PERIMETER 400 PARTNERS, an CIS TECHNOLOGIES, INC.
Illinois general partnership
By: Balcor Pension Investors-VI,
an Illinois limited partnership,
a general partner
By: Balcor Mortgage Advisors-VI,
an Illinois general partnership,
its general partner
By: The Balcor Company, a Delaware
corporation, its general partner
By: /s/ Tom Molina By: /s/ Richard A. Evans
Its: VP Its: Treasurer
Witness: /s/ Cindy Asinsen Witness: /s/Dora Durland
Date: 1/3/96 Date: 12/28/95
EXHIBIT A
MAP
PERIMETER 400 CENTER